Chapter 166
AN ACT RELATIVE TO DISCLOSURE OF INFORMATION TO THE STATE POLICE VIOLENT FUGITIVE ARREST SQUAD.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.Section 2 of chapter 18 of the General Laws, as so
appearing,
is
hereby amended by inserting after the word "default", in line 159
the following
words:- or arrest.

SECTION 2.
Said section 2 of said chapter 18, as so appearing, is
hereby further
amended by inserting after the word "default", in line 166
the following words:- or arrest.

SECTION 3.
Said section 2 of said chapter 18, as so appearing, is
hereby further
amended by inserting after the word "default", in line 167, the
following words:- or arrest.

SECTION 4.
Paragraph (f) of the seventh paragraph of subsection (D)
of said section 2 of said chapter 18, as so appearing,
is hereby amended by adding the following paragraph:-

If a hearing is requested
to
challenge the termination of benefits due to an outstanding default or arrest
warrant, the law enforcement agency responsible for the warrant shall be
notified
of the time, place, date of hearing and the subject of the warrant. An
affidavit from the law enforcement agency responsible for the warrant or from
the colonel of the state police may be introduced as prima facie evidence of
the existence of a warrant without the need for members of that law enforcement
agency to attend any hearings held under this section.

SECTION 5.Chapter 22C of the General Laws is hereby amended by
inserting after
section 36 the following section:-

Section 36A. Notwithstanding the provisions of any general or special law,
rule or regulation to the contrary,
the
department of state police, including the state police violent fugitive arrest
squad, and local police departments, shall be provided with identifying
information upon request from the
records or files of any agency, department, commission, division or authority
of the
commonwealth for the sole purpose of identifying and locating individuals
wanted on
default or arrest warrants; provided, that only identifying information
including, but not limited to, name, date of birth, all pertinent addresses,
telephone number and social
security number shall be made available to the state police and local police
departments. Information about
any individual, except the individual against whom a default or arrest warrant
was issued, may not be requested by the departments under this section.

SECTION 6.Section 36 of chapter 62C of the General Laws, as
appearing in the 1998 Official Edition,
is
hereby amended by adding the following paragraph:-

No person against whom a default or arrest warrant issued by any court of the
commonwealth is outstanding may be issued a state tax refund. In lieu of the
payment, the taxpayer shall receive notice informing the taxpayer that the
refund
is being withheld because there is a default or arrest warrant outstanding for
such individual and that the refund will be withheld until the individual
furnishes sufficient proof that the default or arrest warrant has been recalled
or that no such warrant exists. Such
refund shall be issued upon presentation of sufficient proof
to the commissioner that said warrant has been recalled or that there is no
such
warrant outstanding for the individual. The commissioner of revenue shall
promulgate regulations to implement this section, which shall include the
opportunity for a hearing to challenge the existence of the outstanding
warrant. If a hearing is requested, the law enforcement agency responsible
for the warrant shall be notified of the time, place, date of hearing and the
subject of the warrant. An affidavit from the law enforcement agency
responsible for the warrant or from the colonel of the state police may be
introduced as prima facie evidence of the existence of a warrant without the
need for members of that law enforcement agency to attend any hearings held
under this section.

SECTION 7. Section 8 of chapter 62E of the General Laws, as
so appearing, is
hereby amended by inserting after the first sentence the following two
sentences:- Such information may also be disclosed to the state police,
including the state police violent fugitive arrest squad, and local police
departments, for the sole purpose
of
identifying and locating individuals wanted on default or arrest warrants.
Only
identifying and locating information, including, but not limited to, the name,
date of birth, all pertinent addresses,
telephone number and social security number of such individuals shall be made
available to the state police and local police departments pursuant to this
section.

SECTION 8. Section 17A of chapter 66 of the General Laws, as so
appearing, is
hereby amended by inserting after the first sentence the following two
sentences:- The state police, including the state police violent fugitive
arrest
squad, and local police departments, shall also be provided with identifying
and locating information upon request from
the
department's records or files for the sole purpose of identifying and locating
individuals wanted on default or arrest warrants. Only identifying information
including, but not limited to, the name, date of birth, all pertinent
addresses, telephone number and social
security number of such individuals shall be made available to the state police
and local police departments pursuant to this section.

SECTION 9. Section 22 of chapter 90 of the General Laws, as so
appearing, is
hereby amended by adding the following subsection:-

(i) The registrar shall suspend the license to operate motor vehicles of a
person against whom an arrest or default warrant issued by any
court in the
commonwealth is outstanding. Evidence of the outstanding warrant
appearing in the warrant management system shall be sufficient grounds for such
action by the registrar. The person shall receive notice that his license
shall
be suspended in 90 days due to an outstanding warrant unless such person
furnishes proof to the registrar that such warrant has been recalled or does
not
exist. A
person whose license has been suspended due to an outstanding
warrant
may petition for reinstatement of such license at any time if he can furnish
sufficient proof as determined by the registrar that such warrant has been
recalled. The
registrar shall promulgate regulations to implement this section, which
shall include the opportunity for a hearing to challenge the existence of the
outstanding warrant. If a hearing is requested, the law enforcement agency
responsible for the warrant shall be notified of the time, place, date of
hearing and the subject of the warrant. An affidavit from the law enforcement
agency responsible for the warrant or from the colonel of the state police may
be introduced as prima facie evidence of the existence of a warrant without the
need for members of that law enforcement agency to attend any hearings held
under this section.

SECTION 10. Section 25 of chapter 151A of the General Laws, as so
appearing, is
hereby amended by adding the following subsection:-

(i) Any period during which the individual applying for or receiving
benefits has
a default or arrest warrant outstanding against him, to the extent that federal
law allows such benefits not to be paid. In
order to determine if an individual has an outstanding default or arrest
warrant against him, the department shall transmit to the criminal history
systems board a list of applicants and beneficiaries along with sufficient
identifying information about such applicants and beneficiaries on at least a
quarterly basis. The criminal history systems board shall send to the
department
a list of the applicants or beneficiaries who have a default or arrest warrant
outstanding. Evidence
of the outstanding default or arrest warrant appearing in the
warrant
management system established by section 23A of chapter 276 shall be
sufficient
grounds for such action by the department. The
department shall notify individuals against whom there is a default or
arrest
warrant outstanding that their benefits shall be denied or suspended unless the
individual furnishes proof within 30 days of such notice that such warrant has
been recalled or that there is no such warrant outstanding for the individual.
Notice of potential denial or suspension shall be deemed sufficient if the
notice
is mailed to the most recent address furnished to the department. If
proof that such warrant has been
recalled or that there is no such warrant outstanding is furnished within
30 days, and if the applicant would otherwise be entitled to benefits, such
benefits
shall be provided from the time that they would have been provided had there
not
been a denial or suspension of benefits. If no such proof is furnished within
30 days, the individual shall be notified that benefits are denied or
suspended
subject to the provisions of subsection (b) of section 39. If a hearing is
requested, within the ten-day period provided by said subsection (b) of said
section 39, no suspension of benefits shall occur until a hearing has taken
place
and a determination by the commissioner or his authorized representative has
been
made. If a hearing is requested, the law enforcement agency responsible for
the
warrant shall be notified of the time, place, date of hearing and the subject
of
the warrant. An affidavit from the law enforcement agency responsible for the
warrant or from the colonel of the state police may be introduced as prima
facie evidence of the existence of a warrant without the need for members of
that law enforcement agency to attend any hearings held under this section. A
person whose benefits have been denied or suspended due to an outstanding
warrant may petition for reinstatement of such benefits at any time if such
person can furnish sufficient proof as determined by the department that such
warrant has been recalled. Such benefits will be provided from the time the
warrant was recalled. The department
shall promulgate regulations to implement this section.

SECTION 11.
Subsection (c) of section 46 of said chapter 151A, as
so appearing,
is hereby amended by adding the following clause:-

(6) to the state police, including the state police violent fugitive arrest
squad, and local police departments, identifying and locating
information, upon request for the sole purpose of
identifying
and locating individuals wanted on default or arrest warrants. Only
identifying
information including, but not limited to, name, date of birth, all pertinent
addresses, telephone number and
social
security number shall be made available to the state police and local police
departments pursuant to this
section.

SECTION 12. Section 7 of chapter 152 of the General Laws, as so
appearing, is
hereby amended by adding the following subsection:-

(3) No individual shall receive or continue to receive benefits under this
chapter if such individual has an outstanding default or arrest warrant against
him. In order to determine if an individual has an outstanding default or
arrest
warrant against him, the department shall transmit to the criminal history
systems board a list of applicants and beneficiaries along with sufficient
identifying information about such applicants and beneficiaries on at least a
quarterly basis. The criminal history systems board shall send to the
department
a list of any applicants or beneficiaries who have a default or arrest warrant
outstanding. Evidence of the outstanding default or arrest warrant appearing
in
the warrant management system established by section 23A of chapter 276 shall
be
sufficient grounds for such action by the department. The department shall
notify the person against whom there is a default or arrest warrant outstanding
that such person's benefits shall be denied or suspended unless such person
furnishes proof within 30 days that such warrant has been recalled or that
there is no
such warrant outstanding for such person. Notice of potential denial or
suspension shall be deemed sufficient if the notice is mailed to the most
recent
address furnished to the department. If
proof that such warrant has been recalled or that there is no
such warrant outstanding is furnished within 30 days, and if the applicant
would
otherwise be entitled to benefits, such benefits shall be provided from the
time
that they would have been provided had there not been a denial or suspension of
benefits. If no such proof is furnished within 30 days, such person shall be
notified that such benefits are denied or suspended subject to the opportunity
for a hearing. After such notice to such person has been delivered or mailed
by
the department, such person may request a hearing within 90 days with respect
to
the existence of an outstanding warrant. If a hearing is requested within ten
days from the time the notice that benefits are being denied or suspended is
mailed or delivered, benefits shall not be suspended until a finding following
the
hearing. If a hearing is requested, the law enforcement agency responsible for
the warrant shall be notified of the time, place, date of hearing and the
subject
of the warrant. An affidavit from the law enforcement agency responsible for
the warrant or from the colonel of the state police may be introduced as prima
facie evidence of the existence of a warrant without the need for members of
that law enforcement agency to attend any hearings held under this section.
The
department shall issue a finding within 45 days of
conducting the hearing as to whether there is a warrant. If there is a warrant
outstanding, the benefits shall not be issued or shall be suspended. A
person whose benefits have been denied or suspended due to an outstanding
warrant may petition for reinstatement of such benefits at any time if such
person can furnish sufficient proof as determined by the department that such
warrant has been recalled. Such benefits will be provided from the time the
warrant was recalled. The
department shall promulgate regulations to implement this section.

SECTION 13.Section 37E of chapter 266 of the General Laws, as so
appearing, is
hereby amended by adding the following subsection:-

(e) A law enforcement officer may arrest without warrant any person he has
probable cause to believe has committed the offense of identity fraud as
defined
in this section.

SECTION 14.Section 23A of chapter 276 of the General Laws, as so
appearing, is
hereby amended by striking out the first paragraph and inserting in place
thereof
the following paragraph:-

Whenever a court is requested to issue a warrant, the requesting
authority shall provide to the court the person's name, last known address,
date
of birth, gender, race, height, weight, hair and eye color, the offense or
offenses for
which the warrant is requested, a designation of the offense or offenses as
felonies or
misdemeanors, any known aliases and any such information as shall be required
for
a warrant to be accepted by the criminal justice information system maintained by
the criminal history systems board. A warrant which contains the above
information as provided by the individual for whom the warrant is being issued
shall not be nullified if such information is later found to be inaccurate. An
individual or law enforcement official seeking issuance of a warrant which does
not contain all of the above required fields may apply to the clerk of the court
for an exemption from this requirement. Such exemption shall be automatically
granted upon the request of any law enforcement official or agency. No rights
regarding the validity of a warrant may arise from such requirements not being
met. Such information and the name of the police department responsible for
serving the warrant shall be entered by the clerk's office into a computer system
to be known as the warrant management system. All warrants appearing in the warrant
management system shall be accessible through the criminal justice information
system, maintained by the criminal history systems board, to law enforcement
agencies and the registry of motor vehicles. The warrant shall consist of
sufficient information electronically appearing in the warrant management
system,
and a printout of the electronic warrant from the criminal justice information
system shall constitute a true copy of the warrant. Such warrants appearing
electronically in the warrant management system and, in turn, in the criminal
justice information system, shall constitute notice and delivery of said
warrants
to the police department responsible for serving the warrant. Whenever a
warrant
is recalled or removed, the clerk's office shall, without any unnecessary
delay,
enter the same in the warrant management system which entry shall be
electronically
transmitted to the criminal justice information system.

SECTION 15.
Said section 23A of said chapter 276, as so appearing,
is hereby
further amended by adding the following paragraph:-

The issuing court shall provide notification, either before the issuance of a
default or arrest warrant or no later than 30 days after the issuance of the
warrant, to the subject of the warrant. Such notice shall contain the
following
information: the name and address of the issuing court, a description of the
charge for which the warrant is being issued, a description of the method by
which the individual may clear the warrant and a summary of the consequences
the
individual may face for not responding to the warrant. Such notice shall be
deemed satisfactory if notice is mailed to the address stated on the warrant.

SECTION 16.
Said chapter 276 is hereby further amended by inserting
after
section 23A the following section:-

Section 23B. (a) Any agency, department, commission, division or authority
of the
commonwealth that issues a professional license,
certificate, permit or authorization to engage in a profession, trade, or
business
shall ensure that such license, certificate, permit
or authorization is
suspended for a person who has a default or arrest warrant outstanding against
him.

(b) In order to determine if a person has an outstanding
warrant against him, the licensing authorities referenced in subsection (a)
shall
transmit to the criminal history systems board, in an electronic format and
reporting schedule approved by the executive director of the criminal history
systems board,
a list of persons who are
registered with such licensing
authorities
on an annual basis. The criminal history systems board shall, subject to
appropriation, remit
to
each licensing authority a list of persons who have received a
license, certificate, permit or authorization to engage in a profession, trade,
or business against whom there is an outstanding default
or
arrest warrant issued by any court of the commonwealth. Evidence of the
outstanding default or arrest warrant appearing in the warrant management
system
as established by section 23A shall be sufficient grounds for such suspension.

(c) Each licensing authority shall notify persons against whom there is a
default
or arrest warrant outstanding that their license, certificate, permit or
authorization shall be suspended unless the
person furnishes proof within 30 days that such warrant has been recalled or
that
there is no such warrant outstanding against the person. Such notification
shall
be deemed sufficient if the notice is mailed to the address listed on the
license, certificate, permit or authorization or application for the license,
certificate, permit or authorization. If
no such proof is furnished within 30 days, the person shall be
notified that such license, certificate, permit or authorization
is suspended subject to the opportunity for a hearing.
After
such notice to the person has been delivered or mailed by the licensing
authority, the person may request a hearing within 90 days with respect to the
existence of an outstanding warrant. If a hearing is requested within ten days
from the time the notice that the license, certificate, permit or authorization
is suspended is mailed or delivered, the
license,
certificate, permit or authorization shall not be suspended until a finding
following
the hearing. If a hearing is requested as provided for in this chapter, the
law enforcement agency responsible for the warrant shall be notified of the
time,
place, date of hearing and the subject of the warrant. An
affidavit from the law enforcement agency responsible for the warrant or from
the colonel of the state police may be introduced as prima facie evidence of
the existence of a warrant without the need for members of that law enforcement
agency to attend any hearings held under this section.
The
licensing authority
shall issue a finding within 45 days of conducting the hearing as to the
existence of a warrant. If there is a warrant outstanding, the license,
certificate,
permit or authorization shall be suspended. Said license shall not be renewed
or reinstated without sufficient proof that the warrant has been cleared.

(d) For the purposes of this section, a professional license shall mean any
license, permit, certificate, registration, authority or similar form of
permission necessary to engage in a trade or profession issued by an
agency, department, commission, division or authority of the commonwealth.

(e) The licensing authorities referenced in this section shall promulgate
regulations to implement this section. Implementation of this section shall be
subject to appropriation.

SECTION 17. Section 30 of said chapter 276, as appearing in the
1998 Official Edition, is
hereby amended by striking out, in line 10, the words "fifty dollars" and
inserting in place thereof the following figure:- $75.

SECTION 18.
Said chapter 276 is hereby further amended by striking
out section 31, as so appearing, and inserting in place thereof the following
section:-

Section 31. Whenever a court issues a default warrant solely due to the
person's failure to pay a fine, assessment, court cost, restitution, support
payment or other amount as ordered by the court or required by law, the court
shall specify the amount owed, including an additional assessment of $50 which
assessment may be waived by the court upon a finding of good cause, with a
statement that the warrant against the person may be discharged upon payment
of the amount and the assessment, if any, and shall note the same in the
warrant
management system. The administrative office of the trial court shall accept
payment of such fine, assessment, court cost, restitution, support payment or
other amount as ordered by the court, along with any assessment, to be remitted
by mail, telephone or other electronic means, in any form deemed acceptable by
the trial court. Upon receipt of payment, the warrant against the person shall
be discharged, the discharge shall be noted in the warrant management system
and the individual shall receive notice of the discharge within seven days.

SECTION 19.
Sections 6, 10 and 12 shall take effect on
August 1, 2001. Section 16 shall take effect on August 1, 2002.
Section 15
shall apply only to warrants issued after the
effective date of this act.